The Portland daily press., 1887-04-05
THE FILES CASE.
Or. Files and Erasmus Jansen Both
Discharged.

DR.. Files case came to termination yes
terday afternoon. When the court came in
at go o'clock-the case having been put
over from II a. m.-Judge Gould delivered
the following opinion:
This case is a very unusual and striking
one. The charge is murder. The date OF
the commitment is March LIST. Since that
time these respondents have been in Jail
awaiting their preliminary. 1t is matter
OF public knowledge that a coroner's jury
have held an inquest upon the matter and
failed to agree, being four against implicat-
ing these respondents to two in favor. I'M
der this state Of facts the gravity of the
charge made it the duty of the government
to go fully and carefully into this hearing.
This has been done with great ability and
patience. The evidence of the State is all
II. and the case awaits decision upon the
motion of the respondents to be discharged
on the ground that the offence charged is
not proven.
regret that counsel for the RESPONDENTS
considered that their duty to their client re-
CURED this motion, as / should have pre-
terred deciding the case upon the whole evil
dence; but the motion having been made it
becomes my duty to carefully and conscen-
tiously consider it.
Before proceeding further L desire To saw
that from remark made and question asked
by the attorney for the State, it would seem
that he had received the impression that the
attorneys for the respondents questioned the
medical treatment of the deceased by DR..
Swasey.. desire to say that / have not re-
celyed that impression, and although per-
maps unnecessary to add, that from all the
testimony in the case it seems to me that his
treatment was the usual and proper treat
ment in such cases.
Since the adjournment of the court Satur-
day have, with the written testimony be-
fore me, given the case the most careful and
anxious study. From the mental and
physical condition of Mrs. Jansen and all
the circumstances surrounding the taking of
her ante mortem statement, together with
the testimony of Mrs. Gursoe. l am of the
opinion that the statement is entitled to
very little or no weight
Therefore L have come to the conclusion
that the testimony of the government falls
snort OF proving by legal and CONF etent evil
denee case sufficiently strong to justify me
IN finding probable cause for committing
these respondents to Jail to await the action
OF the grand jury. 1t is therefore my duty
to sustain the motion and to order the re-
spondents discharged.
When the judge had finished speaking,
attorneys and spectators crowded about DR..
Files and Mr.. Jansen, shook hands with
them and congratulated them on their dis
charge
AS DR.. Files left the court room the re-
porters asked him if he had any statement
to make with reference to the case just
closed He said:
Now that the court has discharged me l
have no objection to stating that it is true
that some weeks before the death of Mrs.
Jansen she came to my house and desired
treatment. | consented to make an exam
ination If she would bring her husband, /
being satisfied from her statement that such
an examination was necessary. But it is
not true that such examination, or any act of
mine In connection Herewith, had anything
whatever to do with the subsequent illness
and death of Mrs. Jansen. did no act nor
did consent to do any act which was any
violation of the law or which was not neceS-
sary and proper for me to do as a medical
man In the honest and conscientious dis
charge of my duty. l never procured any
abortion upon Mrs. Jansen or consented to
do so or agreed to do so at any time or under
any circumstances; nor aid ever give her
any treatment which could have led to such
q result